Pre-argument Conference

§ 600.17 Pre-argument
Conference

In every civil case (except one originating in Family
Court) in which a notice of appeal is filed or an order granting leave
to appeal to the Appellate Division entered, or an order transferring
an Article 78 proceeding to the Appellate Division is entered, counsel
for the appellant or petitioner shall file, together with the above,
a pre-argument statement, proof of service and, where applicable, a
copy of the opinion or short form order which contains a memorandum.

The preargument statement must set forth:

Title of the action;

Full names of original parties and any change in
the parties:

Name, address and telephone number of counsel for
appellant or petitioner;

Name, address and telephone number of counsel for
respondent;

Court and county, or administrative body from which
the appeal is taken;

Grounds for seeking reversal, annulment or modification.
Where appropriate, the statement must indicate whether there is
any related action or proceeding now pending in any court of this
or any jurisdiction, and if so, the status of the case. If an additional
appeal is pending in the same action, indicate the date of entry
of the order or judgment and attach a copy of the notice of appeal
of the preargument statement.

The notice of appeal, or the order granting leave to
appeal, or the order transferring the case to the Appellate Division
shall be filed by the appellant in duplicate in the office where the
judgment or order of the court of original instance is entered.

The clerk of the court from which the appeal is taken
shall promptly transmit to the Appellate Division the pre-argument
statement and a copy of the notice of appeal or order granting leave
or transferral.

By order of the Court, counsel and the parties to the
actions may be directed to attend a preargument conference before a
judicial administrative officer or such other person as may be designated
by the Appellate Division.

Should a preargument conference not be scheduled within
20 days after the filing of a notice of appeal, any party to the appeal
or Article 78 proceeding may apply to the Court to have such a conference.

Within 10 days after an order directing a preargument
conference has been entered, counsel for respondent must file with
the court a counter preargument statement together with proof of service.
The counter statement must set forth the extent to which respondent
challenges the assertions made by appellant in the preargument statement.
The statement also must include an explanation of grounds for granting
the relief sought by respondent.

Any attorney who, without good cause shown, fails to
file the materials listed in subdivisions (a) or (g), fails to timely
appear for a scheduled conference, fails to abide by the terms of a
stipulation or order entered following a preargument conference or
fails to demonstrate good faith during the preargument process shall
be subject to such sanctions as justice of the court may direct.

Upon the conclusion of the conference, if the parties
have entered into a stipulation the Court shall file an order of approval.